BILL NUMBER: SB 1643	CHAPTERED  07/05/00

	CHAPTER   69
	FILED WITH SECRETARY OF STATE   JULY 5, 2000
	APPROVED BY GOVERNOR   JULY 5, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000

INTRODUCED BY   Senators O'Connell and McPherson
   (Coauthors:  Senators Alarcon, Alpert, Bowen, Chesbro, Costa,
Figueroa, Hughes, Karnette, Murray, Ortiz, Perata, Polanco, Rainey,
Solis, Sher, Soto, and Vasconcellos)
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Cardoza,
Cedillo, Corbett, Correa, Cunneen, Davis, Dutra, Gallegos, Havice,
Hertzberg, Honda, Jackson, Keeley, Kuehl, Longville, Lowenthal,
Machado, Mazzoni, Nakano, Reyes, Romero, Scott, Shelley, Steinberg,
Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wiggins, and
Wildman)

                        FEBRUARY 22, 2000

   An act to add Section 45023.1 to the Education Code, relating to
certificated employees and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1643, O'Connell.   Teachers' salaries.
   Existing law requires the governing board of each school district
to adopt and cause to be printed and made available a schedule of
salaries to be paid to certificated employees.  Existing law permits
the governing board of a school district, the county superintendent
of schools, or the county boards of education, in the 1999-2000
fiscal year, to increase the lowest salary on the salary schedule for
a certificated employee who meets certain requirements by
designating as the lowest salary on the salary schedule an amount not
to exceed $32,000 and sets forth procedures for providing per-pupil
incentives for providing this increase.
   This bill would authorize the governing board of a school
district, the county superintendent of schools, or the county boards
of education, commencing with the 2000-01 fiscal year, to increase
the lowest salary on the salary schedule for a certificated employee
that meets certain requirements by designating as the lowest salary
on the salary schedule an amount that is at least $34,000 in the
2000-01 fiscal year. This bill would set forth procedures for
reimbursement for the cost of the increase.
   The bill would declare that it is to take effect immediately as an
urgency measure.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) The minimum annual salary for a classroom teacher who
possesses a full credential should be at least thirty-four thousand
dollars ($34,000).
   (b) A thirty-four thousand dollars ($34,000) minimum annual salary
for a beginning credentialed classroom teacher is necessary to place
the teaching profession in a position where it would be able to
effectively compete with other professions for talented individuals
who might consider teaching, but who are attracted to other higher
paying professions that require similar years of postsecondary
education and preservice experience.
   (c) Teacher salary schedules in school districts should be
designed to accomplish multiple goals, including, but not limited to,
all of the following:
   (1) The attraction of people with the education and personal
characteristics to become career teachers.
   (2) The retention of qualified, competent, and experienced
teachers.
   (3) The achievement of a reasonable annual salary commensurate
with a teacher's experience, education, and responsibilities.
   (4) The recognition of continuing professional development that is
of benefit to the district, a teacher's school, and their pupils.
   (d) The state's existing Jack O'Connell Beginning-Teacher Salary
Incentive Program, with the minimum salary goal of thirty-two
thousand dollars ($32,000), is a good first effort toward
accomplishing a more appropriate goal of an annual minimum beginning
teacher salary of thirty-four thousand dollars ($34,000).
   (e) The goal of an annual minimum beginning teacher salary of
thirty-four thousand dollars ($34,000) can be achieved if the state
provides the financial support for school districts and county
offices of education that adopt the thirty-four thousand dollar
($34,000) minimum.  The state's school districts and county offices
of education are of such diverse size and type that two options for
state financial support should be made available.  The school
districts, county offices of education, and county superintendents of
schools should be permitted to choose the option that best meets
their conditions in order to achieve a minimum annual beginning
teacher salary of thirty-four thousand dollars ($34,000).
  SEC. 2.  Section 45023.1 is added to the Education Code, to read:
   45023.1.  (a) Commencing with the 2000-01 fiscal year, the
governing board of a school district, the county superintendent of
schools, or the county board of education may increase, for teachers
meeting the requirements prescribed by this section, the salary on
its adopted certificated employee salary schedule as provided in
subdivision (b).  For purposes of this section, any teacher for whom
the governing board, county superintendent of schools, or county
board of education may increase salaries shall meet all of the
following criteria:
   (1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
   (2) Possess a baccalaureate or higher degree.
   (3) Receive a salary paid through the general fund of the district
or county office.
   (b) The governing board, county superintendent of schools, or
county board of education that increases its salaries pursuant to
subdivision (a) shall perform the following computations:
   (1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting the criteria in
subdivision (a) an amount that is at least an annual salary of
thirty-four thousand dollars ($34,000) in the 2000-01 fiscal year.
   (2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule for
the 1999-2000 fiscal year was less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule commencing with the 2000-01
fiscal year.
   (c) Each school district or county office of education that
increases its beginning teacher annual minimum salary to thirty-four
dollars ($34,000) pursuant to subdivision (b) shall elect, except as
provided in subdivision (i), to receive reimbursement for the cost of
the increase pursuant to only one of the following two options:
   (1) Option One:
   (A) In fiscal year 2000-01, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option One shall receive an amount equal to six
dollars ($6) times the district's or county office's second
principal apportionment average daily attendance for the 1999-2000
fiscal year, excluding attendance in adult education programs and
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
   (B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the school district
and county office of education second principal apportionment average
daily attendance for the 2000-01 fiscal year, excluding attendance
in adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8.
   (C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction shall sum
the results of paragraphs (i) and (ii) and add that figure to the
total school district revenue limit computed pursuant to Section
42238:
   (i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
   (ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
   (D) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction shall add
the sum of paragraphs (i) and (ii) to the county office of education
revenue limit computed pursuant to Section 2550:
   (i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
   (ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
   (E) The school district, county superintendent of schools, or
county office of education shall utilize these incentive funds not
only to meet the new beginning teacher annual minimum salary of
thirty-four thousand dollars ($34,000), but may also use the funds to
generally enhance teachers' salaries in order to achieve the goals
of retention of qualified, competent, and experienced teachers and
the attainment of a reasonable salary commensurate with a teacher's
experience, education, and responsibilities.
   (2) Option Two:  A school district, county superintendent of
schools, or county office of education may submit a request to the
Superintendent of Public Instruction, on a form supplied by the
Superintendent of Public Instruction, for state funding computed as
follows:
   (A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
   (B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
   (C) Subtract the amount in subparagraph (A) from the amount in
subparagraph (B).
   (D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
   (E) For the 2000-01 fiscal year, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option Two shall receive the sum of paragraphs
(C) and (D).
   (F) Divide the sum of the amounts received pursuant to paragraphs
(C) and (D) for the 2000-01 fiscal year by the school district and
county office of education average daily attendance for the second
principal apportionment for the 2000-01 fiscal year, excluding
attendance in adult education programs and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
   (G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction shall sum
the results of paragraphs (i) and (ii) and add that figure to the
total school district revenue limit computed pursuant to Section
42238:
   (i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
   (ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
   (H) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction shall add
the sum of paragraphs (i) and (ii) to the county office of education
revenue limit computed pursuant to Section 2550:
   (i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
   (ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
   (d) Any state funds received pursuant to this section and not used
pursuant to the conditions of this section shall be returned to the
state.
   (e) If the funds requested by the school district, the county
superintendents of schools, and the county offices of education for
the 2000-01 fiscal year exceed the state appropriation for this
section, the Superintendent of Public Instruction shall reduce all
requests by the application of a single, common percentage factor for
apportionment purposes, so as not to exceed the amount appropriated
for this purpose.
   (f) A school district or county office of education shall receive
reimbursement pursuant to subdivision (c) only.  However, this
section does not prohibit a school district and its employees from
negotiating salary schedules.
   (g) The adjustments to school district and county office of
education revenue limits prescribed in subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall continue so
long as the increase in the salary schedule made pursuant to
paragraph (2) of subdivision (b) or subdivision (i) is maintained.
   (h) The Superintendent of Public Instruction shall issue
appropriate forms to school districts and county offices of education
no later than September 1, 2000.  School districts, county
superintendents of schools, or county offices of education shall
notify the Superintendent of Public Instruction no later than
December 31, 2000, regarding which option they wish to exercise for
the 2000-01 fiscal year.  School districts, county superintendents of
schools, or county offices of education shall file their claim form
for state funds with the Superintendent of Public Instruction no
later than March 1, 2001.
   (i) Adjustments made to school district or county office of
education revenue limits pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
   (j) Notwithstanding subdivision (c), a school district or county
office of education that already has as the annual minimum salary for
beginning teachers who meet the criteria in subdivision (a) in an
amount equal to or greater than thirty-four thousand dollars
($34,000) shall be eligible to receive reimbursement pursuant to
Option One.
  SEC. 3.  Section 45023.1 as proposed to be added to the Education
Code by Section 2 of this act shall become applicable and available
to local educational agencies in the 2000-01 fiscal year only if
funding for purpose of its implementation is appropriated in the
Budget Act of 2000 or in another measure.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to implement the Budget Act of 2000 with respect to
public schools, it is necessary that this act take effect
immediately.
